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Indian and Colonial Divorce Jurisdiction Act, 1940 Complete Act

State: Central

Year: 1940

.....with the necessary adaptations, apply in relation to any part of His Majesty's dominions to which the provisions of section 1 of the principal Act (Act of 1926)apply by virtue of an Order in Council under section 2-thereof, wherever made, as they would have applied in relation to India, if the Indian Independence Act, 1947, had not passed. SECTION 06: AREAS FOR WHICH THE VARIOUS HIGH COURTS IN INDIA ARC TO ACT (1) A High Court in India on which jurisdiction is conferred by sub-section (1) of section 1-of the principal Act shall, on and after the appointed day. exercise that jurisdiction if, and only if, the parties to the marriage last resided together, or at the date of the presentation of the petition each reside, in the appropriate area. (2) In this section the expression "the appropriate area" means, in relation to any Court, the area with reference to which that Court is for the time being a High Court for the purposes of the Indian Law known as the Indian Divorce Act, 1869-, or such other area as the Governor- General may from time to time by public notification specify, in relation to that Court as the appropriate area for the purposes of this section. (3) The.....

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Drugs and Cosmetics Act, 1940 (23 of 1940) Section 22

Title: Powers of Inspectors

State: Central

Year: 1940

.....within the local limits of the area for which he is appointed,-- 2[(a) inspect,-- (i) any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising and testing the drug or cosmetic; (ii) any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed; (b) take samples of any drug or cosmetic,-- (i) which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is being distributed; (ii) from any person who is in the course of conveying, delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee; (c) at all reasonable times, with such assistance, if any, as he considers necessary,-- (i) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed; or (ii) enter and search any place in which he has reason to believe that an offence under this Chapter has been, or is being, committed; or (iii) stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is.....

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Drugs and Cosmetics Act, 1940 (23 of 1940) Section 33

Title: Power of Central Government to Make Rules

State: Central

Year: 1940

.....wherein any drug or cosmetic is being or is proposed to be manufactured; (eeb) prescribe the manner in which copies are to be certified under sub-section (2A) of section 22;] (f) specify the diseases or ailments which a drug may not purport or claim 8[to prevent, cure or mitigate] and such other effects which a drug may not purport or claim to have; (g) prescribe the conditions subject to which small quantities of drugs may be manufactured for the purpose of examination, test or analysis; (h) require the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label or container of any specified drug or class of drugs, and prohibit the sale, stocking or exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry of the date of potency; (i) prescribe the conditions to be observed in the packing in bottles, packages, and other containers of drugs3[or cosmetics], 7[including the use of packing material which comes into direct contact with the drugs] and prohibit the sale, stocking or exhibition for sale, or distribution of drugs 3[or.....

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Arbitration Act, 1940 [Repealed] Section 41

Title: Procedure and Powers of Court

State: Central

Year: 1940

Subject to the provisions of this Act and of rules made thereunder : (a) the provisions of Code of Civil Procedure, 1908 (5 of 1908), shall apply to all proceedings before the Court, and to all appeals, under this Act, and (b) the Court shall have, for the purpose of, and in relation to, arbitration proceedings, the same power of making orders in respect of any of the matters set out in the Second Schedule as it has for the purpose of, and in relation to any proceedings before the Court: Provided that nothing in Cl. (b) shall be taken to prejudice any power which may be vested in an arbitrator or umpire for making orders with respect to any of such matters.

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Arbitration Act, 1940 [Repealed] Section 31

Title: Jurisdiction

State: Central

Year: 1940

.....agreement between the parties to the agreement or persons claiming under them shall be decided by the Court in which the awarded under the agreement has been, or may be, filed, and by no other Court. (3) All applications regarding the conduct of arbitration proceedings or otherwise arising out of such proceedings shall be made to the Court where the award has been, or may be, filed, and to no other Court. (4) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, where in any reference any application under this Act has been made in a Court competent to entertain it, that Court alone shall have jurisdiction over the arbitration proceedings and all subsequent applications arising out of that reference, and the arbitration proceedings shall be made in that Court and in no other Court.

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DRUGS AND COSMETICS ACT, 1940 (23 OF 1940) Section 36

Title: Magistrate's power to impose enhanced penalties

State: Central

Year: 1940

Notwithstanding anything contained in 1 [* * *] 2 [the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for 3 [any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorized by this Act in excess of his powers under 1 [* * *] the said Code. _____________________ 1. The words "section 32 of" omitted by Act 13 of 1964 section 29 (w.e.f. 15-9-1964). 2. Substituted by Act 68 of 1982, section 38, for "the Code of Criminal Procedure, 1898 (5 of 1898)"' (w.e.f. 1-2-1983). 3. Substituted by Act 68 of 1982, section 38, for "any Presidency Magistrate or any Magistrate of the first class" (w.e.f. 1-2-1983).

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Arbitration Act, 1940 [Repealed] Section 13

Title: Power of Arbitrator

State: Central

Year: 1940

The arbitrators or umpire shall, unless a different intention is expressed in the agreement, have power to- (a) administer oath to the parties and witnesses appearing; (b) state a special case for the opinion of the Court on any question of law involved, or state the award, wholly or in part, in the form of a special case of such question for the opinion of the Court; (c) make the award conditional or in the alternative; (d) correct in an award any clerical mistake or error arising from any accidental slip or omission; (e) administer to any party to the arbitration such interrogatories as may, in the opinion of the arbitrators or umpire, be necessary.

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Arbitration Act, 1940 [Repealed] Section 12

Title: Power of Court Where Arbitrator is Removed or His Authority Revoked

State: Central

Year: 1940

(1) Where the Court removes an umpire who has not entered on the reference or one or more arbitrators (not being all the arbitrators), the Court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancies. (2) Where the authority of an arbitrator or arbitrators or an umpire is revoked by leave of the Court, or where the Court removes an umpire who has entered on the reference or a sole arbitrator or all the arbitrators, the Court may, on the application of any party to the arbitration agreement, either- (a) appoint a person to act as sole arbitrator in the place of the person or persons displaces; or (b) order that the arbitration agreement shall cease to have effect with respect to the difference referred. (3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the arbitration agreement.

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Arbitration Act, 1940 [Repealed] Section 8

Title: Power of Court to Appoint Arbitrator of Umpire

State: Central

Year: 1940

.....the parties, and all the parties do not, after differences have arisen, concur in the appointment or appointments; or (b) in any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does nor show that it was intended that the vacancy should not be supplied, and the parties or the arbitrators, as the case may be do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties.

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Agricultural Produce Cess Act 1940 Section 9

Title: Power of Central Government to Make Rules

State: Central

Year: 1940

.....a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] ____________________________ 1. Inserted by the Agricultural Produce Cess (Amendment) Act (Act 40 of 1970) w.e.f 01.12.1970.

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